Former security employee sues school, seeks overtime pay

By Kasey Schefflin-Emrich | Oct 1, 2015

A Philadelphia man is suing his former employer, alleging it failed to pay him overtime compensation.

Alberto Castro, of Philadelphia, filed a lawsuit Aug. 21 in U.S. District Court for the Eastern District of Pennsylvania against Mathematics Civics and Sciences Charter School of Philadelphia Inc., alleging violations of the Fair Labor Standards Act and the Pennsylvania Minimum Wage Act.

According to the complaint, Castro starting working for the defendant as a school security guard in March 2001. He was then promoted to head of security in 2011 and held that position until the end of his employment with the defendant in April 2015, the suit says.

The suit states Castro was incorrectly classified as exempt from overtime and was not provided with overtime pay when he worked more than 40 hours in a given work week. Castro alleges he was paid the same biweekly salary regardless of how many weekly hours he actually worked, which he said was generally around 60 hours.

The plaintiff alleges the defendant willfully violated the FLSA and PMWA by failing to pay him at least 1.5 times his regular pay rate for every hour he worked in excess of 40 hours each week.

Castro seeks unpaid overtime compensation, liquidated damages, attorney fees, court costs and other relief deemed appropriate by the court. He is represented by attorneys Michael Murphy and Michael Groh of Murphy Law Group in Philadelphia.

U.S. District Court for the Eastern District of Pennsylvania case number 2:15-cv-04768-JS.

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